Doctors Service Corp. v. Budd

Appellate Terms of the Supreme Court of New York

Doctors Service Corp. v. Budd

123 Misc. 935, 206 N.Y.S. 654, 1924 N.Y. Misc. LEXIS 1241

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 18, 1924

StatusPublished

This text of 123 Misc. 935 (Doctors Service Corp. v. Budd) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Doctors Service Corp. v. Budd, 123 Misc. 935, 206 N.Y.S. 654, 1924 N.Y. Misc. LEXIS 1241 (N.Y. Ct. App. 1924).

Pincite

Opinion

Per Curiam.

The denial of a motion to restore for trial a case on the “ reserved generally” calendar has been held to be an order that the Municipal Court has not the power to make and is, therefore, appealable. Rossmann v. Serventi, 177 N. Y. Supp. 855. The motion under consideration in that case was denied without terms or qualifications. The instant order appears clearly from the record to have been a proper exercise of the court’s discretion in controlling the nature of affidavits received by it. For that reason the order was a proper one, and, therefore, not appealable.

Appeal dismissed.

All concur; present, Gut, Bijur and Mullan, JJ.

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Per Curiam.

The denial of a motion to restore for trial a case on the “ reserved generally” calendar has been held to be an order that the Municipal Court has not the power to make and is, therefore, appealable. Rossmann v. Serventi, 177 N. Y. Supp. 855. The motion under consideration in that case was denied without terms or qualifications. The instant order appears clearly from the record to have been a proper exercise of the court’s discretion in controlling the nature of affidavits received by it. For that reason the order was a proper one, and, therefore, not appealable.

Appeal dismissed.

All concur; present, Gut, Bijur and Mullan, JJ.

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Bluebook (online)

123 Misc. 935, 206 N.Y.S. 654, 1924 N.Y. Misc. LEXIS 1241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doctors-service-corp-v-budd-nyappterm-1924.